HomeMy WebLinkAboutAugust 24, 1987OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
AUGUST 24, 1987
The meeting was called to order by Mayor Nawrocki at 7:30 p.m..
1. Roll Call
Paulson, Petkoff, Carlson, Peterson, Nawrocki - present
2. Invocation
There was no clergyman available to offer an Invocation.
Four Volunteer Firefighters (two from the Columbia Heights Department) competed
in Emergency Care Competition in Virginia Beach, Virginia and earned First Place
in the world competition for National Emergency Care and Fourth Place for National
Emergency Medical Technicians Competition. The trophies they received they pre-
sented to the Fire Chief.
3. Consent A~enda
Minutes for Approval
The Council approved the minutes of the Regular City Council Meeting of August
lOth as presented in writing and there were no corrections.
~equest for Grand Opening Banner by Towne Square Pizza, 4202 Central Avenue
The Council approved the placement of a grand opening banner at Towne Square
Pizza located at 4202 Central Avenue; however, such permit shall not exceed
five consecutive calendar days; and, furthermore that such permit may be issued
upon receipt of a $100 refundable fee.
Bicentennial Commission - Fireworks Display
The Council authorized the closing of 39th Avenue between Jefferson Street and
Fifth Street from 7:30 to 11:O0 p.m. and that no parking be allowed on said
street from l:OO to 11:00 on Thursday, September 17, 1987. Thins street closing
is to accommodate the Fireworks display for the Bicentennial of the Constitution
Signing.
Temporary Special Event Billboard - Downtown Celebration
The Council authorized the erection of a special event billboard regarding the
Annual Downtown Celebration for a period not to exceed ten calendar days and
that such billboard will be removed upon completion of the Celebration on Septem-
ber 12, 1987.
4. Approval of Consent Agenda
Motion by Petkoff, second by Paulson to approve the consent agenda as presented.
Roll call: All ayes
5. Oral Petitions
There were no oral petitions.
6. Ordinances and Resolutions
a. Second Reading of Ordinance No. 1143, Vacating a Storm Sewer Easement in
University Heights
Motion by Petkoff, second by Paulson to waive the reading of the ordinance there
being ample copies available to the public. Roll call: All ayes
Regular Council Meeting
August 24, 1987
page 2
ORDINANCE NO. 1143
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING
STORM SEWER EASEMENT IN UNIVERSITY HEIGHTS
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights herewith vacates its easement for
the installation and continued maintenance of a storm drain and
appurtenant structures over, under and across the following
described property, to-wit:
That part of the West 10.00 feet of Lots 12 and 13, Block 1,
Rearrangement of Block "D", Columbia Heights Annex to Minneapolis
lying within Lot 1, Block 1, UNIVERSIT~'HEIGHTS ADDITION except
that part thereof lying within the utility and drainage ease-
ments as shown on the plat of said Lot 1.
Section 2:
This ordinance shall be in full force and effect from and after
thirty (30) days after its passage.
First reading:
Second reading:
Date of passage:
August 10, 1987
August 24, 1987
August 24, 1987
Offered by: Petkoff
Seconded by: Paulson
Roll call: All ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
b. Second Reading of Ordinance No. 1154, Pertaining to Liability Insurance and
Intoxicating Liquors
Motion by Paulson, second by Peterson to waive the reading of the ordinance
there being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1154
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING
TO LIABILITY INSURANCE AND INTOXICATING LIQUOR
The City of Columbia Heights does ordain:
Section 1:
Section 5.501(11) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, and amended pursuant to Ordinance No. 1056, dated
October 12, 1983, which currently reads as follows, to wit:
"Off-sale liquor licenses with annual beer sales of less than $9,000
are exempt from the insurance provisions of Section 5.501(10). No
such exemption shall be granted unless the licensee:
(al furnishes proof by accountant's affidavit or other documentary
evidence satisfactory to the Clerk, and
(bi such proof is foand satisfactory to the Liquor Control Commission
in demonstrating that the applicant has annual sales of less
than $9,O00."
Regular Council Meeting
August 24, 1987
page 3
5.501 (ll)
Section 2:
is herewith amended to read as follows, to-wit:
Section 5.502(10) is not applied to licensees who by affidavit
establish that:
(a)
they are on-sale non-intoxicating malt liquor licensees with
sales of less than $10,000 of non-intoxicating malt liquor
for the preceding year, or
(bi
they are off-sale non-intoxicating malt liquor licensees with
sales of less than $20,000 of non-intoxicating malt liquor
for the preceding year.
Section 5.503(15) of Ordinance No. 853, City Code of 1~77, passed
June 21, 1~77, as amended by Ordinance No. 1055, passed October lO,
1983, which currently reads as follows, to-wit:
"Every applicant and licensee must file proof of financial respon-
sibility with the City Clerk as follows:
(al A certificate that there is in effect an insurance policy or
pool providing the following minimum coverages:
(ii $100,000 because of bodily injury to any one person in any
one occurrence, and, subject to the limit for one person,
in the amount of $300,000 because of bodily injury to two
or more persons in any one occurrence, and in the amount of
$10,000 because of injury to or destruction of property of
others in any one occurrence.
(ii) $100,000 for loss of means of support of any one person in
any one occurrence, and, subject to the limit for one person
$300,000 for loss of means of support of two or more persons
in any one occurrence.
(bi A bond of surety company with minimum coverages as provided In
Section 5.503(15)(a), or,
(c)
A certificate'of the state treasurer that the licensee has
deposited with him $300,000 in cash or securities which may
legally be purchased by savings banks or trust funds having
a market va]ua of $300,000.
(d)
Any insurance certificates or policies filed with the City
shall provide that the insurer may not cancel coverage without
first giving 30 dayse written notice to the City. The certificate
or policy must show the names of the insurance company and agency,
policy number and policy expiration date. Receipt by the City
of a notice of expiration of required insurance or entering
into the final thirty days of the term of any required policy
without a renewal or other complying policy being filed with
the Clerk shall result in the immediate revocation or suspension
of the license."
is herewith amended to read as follows, to-wit:
Regular Council Meeting
August 24, 1987
page 4
Every applicant and licensee must file and maintain proof of
financial responsibility with the City Clerk as follows:
(a)
A certificate that there is in effect for the license period
an insurance policy or pool providing at least $50,000 of
coverage because of bodily injury to any one person in any
one occurrence, $100,O00 because of bodily injury to or
destruction of property of others in any one occurrence,
$50,000 for loss of means of support of any one person in
any one occurrence, and $100,000 for loss of means of support
of two or more persons in any one occurrence;
(bi A bond of a surety company with minimum coverages as provided
in Section 5.503(15)(a), or
(c)
A certificate of the State Treasurer that the licensee has
deposited with the State Treasurer $100,000 in cash or secu-
rities that may be legally purchased by savings banks or
trust funds having a market value of $100,000. This section
does not prohibit an applicant or licensee from posting limits
higher than those required under this section or from providing
coverage required by this section in combination with other
insurance coverage. The applicant and licensee must provide an
annual aggregate policy limit dram shop insurance of not less
than $300,000 per policy year.
(d)
Any insurance certificates or policies filed with the City
shall provide that the insured or insurer may not cancel the
policy, certificate or other coverage unless the cancelling
party has first given not less than 30 days' wri~tten notice
to the City of its intent to cancel the policy. Any certificate
or policy posted in accordance with this section must show the
names of the insurance company and agency, policy number, and
policy expiration date. Receipt by the City of a notice of
expiration of required insurance or certificates or of entry
into the final 30 days of the term of any required policy being
file with the Clerk shall result in the immediate revocation
or suspension of the license.
Section 3:
This ordinance shall be in full force and effect from and after
thirty (30) days after its passage.
First reading:
Second reading:
Date of passage:
July 27, 1987
August 24, 1987
August 24, 1987
Offered by: Paulson
Seconded by: Carlson
Roll call: All ayes
Mayor Bruce G. Nawrocki
Jo-Anne Student, Council Secretary
Regular Council Meeting
August 24, 1987
page 5
c. Second Reading of Ordinance No. 1153, Authorizing the Sale of Sullivan Lake
Property
Motion by Petkoff, second by Paulson to waive the reading of the ordinance there
being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. i153
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CONVEYING
CERTAIN REAL PROPERTY TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA
HEIGHTS
The City Council of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights shall deed and convey to the Housing
and Redevelopment Authority of Columbia Heights, Minnesota, the
following described real property, to wit:
REGISTERED LAND SURVEY NO. 8__~4, files of the Registrar of Titles
of Anoka County, Minnesota.
Section 2:
The Mayor and City Manager are hereby authorized to execute any
documents necessary to carry out this Ordinance.
Section 3:
This ordinance shall be in full force and effect from and after
thirty (30) days after its passage.
First reading:
Second reading:
Date of passage:
July 13, 1987
August 24, 1987
August 24, 1987
Offered by:
Seconded by:
Roll call:
Petkoff
Paulson
Paulson, Petkoff,
Peterson - aye
Carlson, Nawrocki -
nay
d. Resolution No. 87-50; $1,100,000 General Obligation Taxable Tax Increment
Bonds of 1987
Motion by Peterson, second by Petkoff to waive the reading of the resolution
there being ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 87-50
BEING A RESOLUTION AUTHORIZING AND AWARDING THE SALE OF, AND PROVIDING THE FORMS,
TERMS, COVENANTS AND DIRECTIONS FOR $1,1OO,000 GENERAL OBLIGATION TAXABLE TAX
INCREMENT BONDS, SERIES 1987 A
BE IT RESOLVED BY THE CITY COUNCIL (THE "COUNCIL") OF THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA (THE "ISSUER") AS FOLLOWS:
Section 1. Recitals.
1.01. There heretofore has been established by the Housing and Redevelopment
Authority in and for the City of Columbia Heights, Minnesota (the "Authority")
and approved by the Issuer pursuant to Minnesota Statutes, Section 462.411 et
.~.e~ (recodified as Minnesota Statutes, Sections 469.001 through 469.047) a
Downtown CBD Revitalization Project, as modified (the "Project") and the Sullivan
Lake Tax Increment Financing District (the "District").
Regular Council Meeting
August 24, 1987
page 6
1.02. The Issuer heretofore has found and determined that it is in the best
interest of the Issuer that it issue its general obligation taxable tax incre-
ment bonds as described below.
Section 2. Award of Sale; Terms of Bonds.
2.01. Affidavits showing publication of notice of call for bids in the official
newspaper of the Issuer, Finance and Commerce and in Commercial West have been
examined and have been approved and ordered placed on file. The following bids
for the sale of the Bonds were received:
(Attached)
2.02. After considering the bids received, the City of Columbia Heights (the
"Issuer") hereby awards the sale of the $1,100,000 General Obligation Taxable
Tax Increment Bonds, Series 1987A (the "Bonds") to a syndicate headed by American
National Bank, St. Paul, Minnesota (the "Purchaser") as the bidder offering
the lowest net interest cost by its bid to purchase the Bonds at a price of
$1,098,770 plus accrued interest to the date of delivery, the Bonds to bear
interest at the rates per annum set forth below.
The Clerk-Treasurer of the Issuer is directed to retain the good faith check of
the Purchaser pending delivery of and payment for the Bonds, and to return the
checks of the unsuccessful bidders.
2.03. The Issuer shall issue the Bonds in the aggregate principal amount of
~'1,100,000 dated August 1, 1987 as fully registered bonds without coupons. The
Bonds shall be in demoninations of $5,000 or any integral multiple thereof not
exceeding the principal amount of a single maturity, shall be numbered from R-1
upwards in order of issuance, and shall bear interest at the rates set forth below,
payable semiannually on each February 1, and August 1, commencing February !,
1988, and shall mature on February 1 in the years and amounts as follows:
Year Amount Interest Rate
1991 $ 120,000 8.40 %
1992 130,000 8.60
1993 140,000 8.75
1994 155,000 8.90
1995 170,000 9.00
1996 185,000 9.10
1997 200,000 9.10
2.04. All Bonds maturing on or after Feburary 1, 1994, shall be subject to
redemption and prior payment in whole or in part in inverse order of maturity and
by lot within maturity at the option of the Issuer on February 1, 1993, and any
interest payment date thereafter at a price of par plus accrued interest. Thirty
days' prior notice of redemption shall be given by first-class mail to the Registrar
and to the registered owners of the Bonds, and notice of redemption will be
published in the manner provided by Chapter 475, Minnesota Statutes. Upon notice
having been so given, the Bonds or portions of Bonds therein specified shall be
due and payable at the stated redemption date and price with accrued interest to
the redemption date, and upon funds for such payment being held by or on behalf
of the Registrar for such payment on the specified redemption date, interest thereon
shall cease to accrue after such redemption date. No defect in the mailed notice
of redemption shall affect the validity of the call for redemption of any Bond.
Regular Council Meeting
August 24, 1987
page 7
2.O5. The Bonds shall be payable as to principal upon presentation at the
main office of Marquette Bank Minneapolis, Minnesota (the "Registrar"), or
at the office of such other successor registrar as the Issuer may hereafter
designate upon 60 days mailed notice of the registered owners. Interest on
each Bond shall be payable by check or draft of the Registrar mailed the last
business day prior to the interest payment date to the registered holder thereof
at his or her address as it appears on the bond register at the close o~ business
on the 15th day (whether or not a business day) of the calendar month next pre-
ceding the interest payment date.
Section 3. Form and Execution of the Bonds.
3.01. The Bonds shall be in substantially the followin9 form, with the necessary
variations as to number, CUSIP Number, rate of interest and date of maturity,
the blanks to be properly filled in:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
No. R- $
GENERAL OBLIGATION TAXABLE TAX INCREMENT BOND, SERIES 1987 A
Rate Maturity Nominal Date of Original Issue CUSIP
August I,'1987
Registered Owner:
Principal Amount: Dollars
..
The City of Columbia Heights, Minnesota (the "City"), for value received, hereby
certifies that it is indebted and hereby promises to pay to the registered owner
specified above, or registered assigns, the principal amount specified above
and to pay to the registered owner hereof interest on such principal sum at the
interest rate specified above from August 1, 1987, or the most recent interest
payment date to which interest has been paid or duly provided for as specified
below, on February I and August 1 of each year, commencing February 1, 1988,
until said principal sum is paid. Principal and the redemption price are payable
in lawful money of the United States of America at Marquette Bank Minneapolis, as
Registrar, Transfer Agent and Paying Agent, in Minneapolis, Minnesota, or at the
offices of such successor agent as the City may designate upon 60 days notice to
the registered owners at their registered addressed (the "Registrar"). Interest
shall be paid on each February ] and August 1 by check or draft of the Registrar
mailed on the last business day prior to the interest payment date to the person
in whose name this Bond is registered at the close of business on the fifteenth
day of the preceding month (whether or not a business day) at his or her address
set forth on the bond register maintained by the Registrar. Any such interest not
punctually paid or provided for will be paid to the person in whose name this Bond
is registered at the close of business on a special record date established by the
Registrar for the payment of such defaulted interest.
Regular Council Meeting
August 24, 1987
page 8
The Bonds of this series maturing on or after February I, 1994, are subject
to redemption at the option of the City, in whole or in part in inverse order
of maturity and by lot within a maturity, on February 1, 1993 and any interest
payment date thereafter at a price equal to par and accrued interest. Thirty
days' prior notice of redemption will be given by first-class mail to the Registrar
and to the registered owners, and notice of redemption will be published in the
manner provided by Minnesota Statutes, Chapter 475. No defect in mailed notice will
affect the validity of the call for redemption of any Bond.
This Bond is one of a series of General Obligation Taxable Tax Increment Bonds
in the aggregate principal amount of One Million One Hundred Thousand Dollars
($1,100,000) of like date and tenor except for number, interest rate, denomination,
date of maturity and redemption privilege, and is issued for the purpose of pro-
viding funds to finance or otherwise pay public redevelopment costs pursuant to
Minnesota Statutes, Sections 469.001 through 469.047, of the Downtown CBD Revita-
lization Project (the "Project") established by The Housing and Redevlopment
Authority in and for the City of Columbia Heights, Minnesota, and pursuant to an
authorizing resolution (the "Resolution") adopted by the City Council of the City
on August 24, 1987, and pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475
and Sections 469.174 through 469.179.
The Bonds of this series are payable from the City's Project Account, created on
the official records of the City by resolution adopted on August 11, 1980 (the
"Bond Fund") to which has been pledged certain tax increment generated by the
Project, including ~ax increment generated by the Sullivan Lake Tax Increment
Financing District. All taxable property within the City is also subject to the
levy of direct general ad valorem taxes required by law to be levied and extended
if needed for this purpose, without limitation of rate or amount. The issuance of
this bond does not cause the indebtedness of the City to exceed any constitutional
or statutory limitation thereon.
As provided in the Resolution, and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the City kept for that
purpose at the principal office of the Registrar, by the registered owner hereof
in person or by such owner's attorney duly authorized in writing, upon surrender
of this Bond together with a written instrument of transfer satisfactory to the
Registrar, duly executed by the registered owner or such owner's duly authorized
attorney. Upon such transfer and the payment of any tax, fee or governmental
charge required to be pai, d by the City or the Registrar with respect to such
transfer, there will be issued in the name of the transferee a new Bond or Bonds
of the same aggregate principal amount as the surrendered Bond.
The Bonds of this series are issuable only as fully registered bonds without
coupons in denominations of $5,OOO or any integral multiple thereof not exceeding
the principal amount maturing in any one year. As provided in the Resolution
and subject to certain limitations therein set forth, the Bonds of this series
of a different authorized demonination, as requested by the registered owner
or his duly authorized attorney, upon surrender thereof to the Registrar.
It is hereby Certified and Recited that all acts, conditions and things required
by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed in order to make this Bond a valid and binding
general obligation of the City according to its terms, have been done, do exist,
Regular Council Meeting
August 24, 1987
page 9
to happen and to be performed in order to make this Bond a valid and binding
general obligation of the City according to its terms, have been done, do exist,
have happened and have been performed in due f~rm, time and manner as so required.
This Bond shall not be valid or become obligatory for any purpose until the
Certificate of Authentication hereon shall have been manually signed by a person
authorized to sign on behalf of the Registrar.
IN WITNESS WHEREOF, The City of Columbia Heights, Minnesota has caused this Bond
to be executed with the facsimile signatures of its Mayor and its City Manager,
both as of the Nominal Date of Original Issue specified above.
CITY OF COLUMBIA HEIGHTS, MINNESOTA
By (Facsimile)
Mayor
By (Facsimile)
Mayor
CERTIFICATE OF AUTHENTICATION
Dated:
This is one of the Bonds described in the within mentioned Resolution.
Bond Registrar
By:
Authorized Signature
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and hereby irrevocably constitutes and
appoints attorney to transfer the within Bond on
the books kept for registration thereof, with full power of substitution in the
premises.
Dated:
Signature Guaranteed by:
Signature(s) must be guaranteed by a
commercial bank or trust company or
by a brokerage firm havin9 membership
in one of the major stock exchanges.
Notice: The signature[s) on this
assignment must correpond with the
name(s) appearing on the face of this
Bond in every particular, without
alteration or any change whatever.
(Form of Certificate)
CERTIFICATE AS TO LEGAL OPINION
I, William Elrlte, Clerk-Treasurer of Columbia Heights, Minnesota hereby certify
that except for the date line, the above is full, true and compared copy of the
Regular Council Meeting
August 24, 1987
page l0
of the legal opinion of Holmes & Graven, Chartered, of Minneapolis, Minnesota, which
was delivered to me upon delivery of the bonds and is now on file in my office.
(Facsimile)
Clerk-Treasurer
City of Columbia Heights
3.02. As long as any of the Bonds issued hereunder shall remain outstanding, the
Issuer shall cause to be kept at the principal office of the Registrar in which,
subject to such reasonable regulations as the Registrar may prescribe, the Registrar
shall provide for the registration of Bonds and the registration of transfers of
Bonds. Marquette Bank Minneapolis is hereby appointed Registrar, Transfer Agent
and Paying Agent with respect to the Bonds.
Upon surrender for transfer of any Bond with a written instrument of transfer
satisfactory to the Registrar, duly executed by the registered owner or his
duly authorized attorney, and upon payment of any tax, fee or other governmental
charge required to be paid with respect to such transfer, the Issuer shall execute
and the Registrar shall authenticate and deliver, in the name of the designated
transferee or transferees, one or more fully registered Bonds of any authorized
denominations and of a like aggregate principal amount, interest rate and maturity.
Any Bonds, upon surrender thereof at the office of the Registrar may, at the option
of the registered owner thereof, be exchanged for an equal aggregate principal
amount of Bonds of the same maturity and interest rate of any authorized denomi-
nations. In all cases in which the privilege of exchanging or trensferring fully
registered Bonds is exercised, the Issuer shall execute and the Registrar shall
deliver Bonds in accordance with the provisions of this Resolution. For every
such exchange or transfer of Bonds, whether temporary or definitive, the Issuer
or the bond Registrar may make a charge sufficient to reimburse it for any tax,
fee or transfer, which sum or sums shall be paid by the person requesting such
exchange or transfer. Notwithstanding any other provision of this Resolution, the
cost of preparing each new Bond upon exchange or transfer, and any other expenses
of the Issuer or the Bond Registrar incurred in connection therewith (except any
applicable tax, fee or. other governmental charge) shall be paid by the Issuer.
The Issuer shall not be obligated to make any such exchange or transfer of Bonds
during the fifteen (15) days next preceding the date of the first publication
of notice of redemption in the case of a proposed redemption of Bonds. The Issuer
and the Registrar shall not be required to make any transfer or exchange of any
Bonds called for redemption.
3.O3. Interest on any Bond which is payable, and is punctually paid or duly pro-
vided for, on any interest payment date shall be paid to the person in whose
name that Bond (or one or more Bonds for which such bond was exchanged) is regis-
tered at the close of business on the fifteenth day of the month preceding such
interest payment date (whether or not a business day). Any interest on any Bond
which is payable, but is not punctually paid or duly provided for, on any interest
payment date shall forthwith cease to be payable to the registered holder on the
releveant regular record date solely by virtue of such holder having been such
holder; and such defaulted interest may be paid by the Issuer to the person in
whose name such Bond is registered at the close Of business on a special record
date established by the Registrar for the payment of such defaulted interest.
Subject to the foregoing provisions of this paragraph, each Bond delivered under
this Resolution upon transfer of or in exchange for or in lieu of any other
Bond shall carry all the rights to interest accrued and unpaid, and to accrue,
which were carried by such other Bond and each such Bond shall bear interest
Regular Council Meeting
August 24, 1987
page II
from such date that neither gain nor loss in interest shall result from such
transfer, exchange or substitution.
3.Oh. As to any Bond, the Issuer and the Registrar and their respective successors,
each in its discretion, may deem and treat the person in whose name the same for
the time being shall be registered as the absolute owner thereof for all purposes
and neither the Issuer nor the Registrar nor their respective successors shall
be affected by any notice to the contrary. Payment of or on account of the
principal of any such Bond shall be made only to or upon the order of the regis-
tered owner thereof, but such registration may be changed as above provided. All
such payments shall be valid and effectual to satisfy and discharge the liability
upon such Bond to the extent of the sum or sums so paid.
3.05. If (i) any mutilated Bond is surrendered to the Registrar, and the Issuer
and the Registrar receive evidence to their satisfaction of the destruction,
loss, or theft of any Bond, and (ii) there is delivered to the Issuer and the
Registrar such security or indemnity as may be required by them to save each of
them harmless, then, in the absence of notice to the Issuer or the Registrar that
such Bond has been acquired by a bona fide purchaser, the Issuer shall execute,
and upon its request the Registrar shall anthenticate and deliver, in exchange
for or in lieu of any such mutilated, destroyed, lost, or stolen Bonds, a new
Bond of like tenor or princlpal amount, bearing a number not comtemporaneously
outstanding. In case any such mutillated, destroyed, lost or stolen Bond has. be-
come or is about to become due and payable, the Issuer in.its discretion may,
instead of issuing a new Bond, pay such Bond.
Upon the issuance of any new Bond under this subsection, the Issuer may require
the payment of a sum sufficient to cover any tax or other governmental charge
that may be imposed in relation thereto. Every new Bond issued pursuant to this
subsection in lieu of any destroyed, lost, or stolen Bond shall constitute an
original additional contractural obligation of the Issuer, whether or not the
destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and
shall be entitled to all the benefits of this Resolution equally and proportiona-
tely with any and all Other Bonds duly issued hereunder.
The provisions of this Section are exclusive and shall preclude (to the extent
lawful) all other rights and remedies with respect to the replacement or payment
of mutilated, destroyed, lost, or stolen Bonds.
Section 4. Execution and Delivery
4.01. The Bonds shall be executed by the respective facsimile signatures of Mayor
and City Manager as set forth in the form of Bond. The seal of the Issuer shall be
omitted from the Bonds as permitted by law. The text of the approving legal opinion
of Holmes & Graven, Chartered, of Minneapolis, Minnesota, as bond counsel, shall
be printed on the reverse side of each Bond and shall be certified by the fac-
simile signature of the Clerk-Treasurer. When said Bonds shall have been duly
executed and authenticated by the Registrar in accordance with this resolution,
the same shall be dellvered to the Purchaser upon payment of the purchase price,
and the receipt of the Clerk-Treasurer delivered to the Purchaser upon paYment
of the purchase price, add the receipt of the Clerk-Treasurer delivered to the
Purchaser thereof shall be in full acquittance; and the Purchaser shall not
be bound to see to the application of the purchase money. The Bonds shall not
be valld for any purpose untll authenticated by the Registrar.
Regular Council Meeting
August 24, 1987
page 12
4.02. The Official Statement relating to the Bonds, on file with the Clerk-
Treasurer presented to this meeting, is hereby approved, and the furnishing
thereof to prospective bidders for the Bonds is hereby ratified and confirmed,
insofar as the same relates to the Bonds and the sale thereof.
4.03. If such officers find the same to be accurate, the Mayor, the City Manager
and the Clerk-Treasurer are authorized and directed to furnish to the Purchaser
at the closing a certificate that, to the best of the knowledge of such officers,
the Official Statement does not, at the date of closing, and did not, at the time
of sale of the Bonds, contain any untrue statement of a material fact or omit
to state any material fact necessary in order to make the statements made therein,
in the light of the circumstances under which they were made, not misleading. Unless
litigation shall have been commenced and be pending questioning the Bonds, revenues
pledged for payments of the bonds, or the organization of the Issuer or incumbency
of its officers, at the closing, the Mayor and the City Manager shall execute
and deliver to the successful bidder a suitable certificate as to absence of
material litigation, and a certificate as to payment for and delivery of the
Bonds, with the signed approving legal opinion of.Holmes & Graven, Chartered,
as to the validity and enforceability of the Bonds.
Section 5. Bond Fund and Accounts, Appropriations, Pledges.
5.O1. There is hereby created a special account (the "1987 Taxable Bond Account")
with respect to the Bonds in the Issuer's Project Account (the "Project Account")
created on the official records of the IssUer, by resolution of the Issuer adopted
on August 11, 1980. The 1987 Taxable Bond Account shall be maintained in the manner
specified until all of the Bonds herein authorized, any refunding bonds issued to
refund the Bonds, and any other general obligation tax increment bonds hereafter
issued and made payable from the Project Account, and the interest thereon, have
been fully paid and the Issuer has been fully reimbursed from the pledge of tax
increment for any of the principal and interest of the Bonds paid by the Issuer
from general ad valorem taxes levied on property in the Issuer. In the 1987 Taxable
Bond Account there shall be maintained two separate subaccounts, to be designated
as the "Capital Subaccount" and the "Debt Service Subaccount", respectively.
Captial Subaccount. The proceeds from the sale of the Bonds, less the amount of the
proceeds of the Bonds deposited in the Debt Service Subaccount, and less any ac-
crued interest and unused discount received thereon, shall be credited to the
Capital Subaccount, from which there shall be paid costs and expenses of the
Project to be paid from proceeds of the Bonds, including the cost of any con-
struction contracts heretofore let and all other costs incurred and to be incurred,
of the kind authorized in Minnesota Statutes, Sections 475.65, 469.176, subdivision
4, and Minnesota Statutes, Sections 469.001 through 469.047.
Debt Service Subaccount. There is hereby pledged and there shall be credited to
the Debt Service Subaccount (a) all unused discount and accrued interest received
upon delivery of and payment for the Bonds (b) collections of tax increment de-
rived from the District and tax increment derived from the Project which is
pledged to the payment of principal of and interest on the Bonds under the amended
pledge agreement described in Section 6.01 hereof, any taxes from time to time
levied for the payment of the Bonds, and revenues derived from any other sources
available and pledged to pay principal premium, if any, and interest on the
Bonds, and (c) all funds remaining in the Capital Subaccount after completion of
the Project and payment of the costs thereof. The Debt Service Subaccount herein
created shall be used solely to pay principal of, premium, if any, and Interest
Regular Council Meeting
August 24, 1987
page 13
on the Bonds and any other general obligation tax increment bonds hereafter issued
and made payable from said Project Account, except that upon discharge of the Bonds
and such already outstanding or additional Bonds, the Issuer may use any remaining
funds in the Debt Service Subaccount to reimburse the Issuer as provided above.
5.02. The Issuer hereby determines that the estimated collections of tax increment
and other pledged amounts will produce at least five percent (5%) in excess of the
amount needed to meet when due the principal and interest payments on the Bonds
(except for interest and principal payable from funds, which are on hand and
irrevocably deposited to the Debt Service Subaccount as of the date of delivery of
and payment for the Bonds). The full faith and credit and taxing powers of the
Issuer are hereby irrevocably pledged for the prompt and full payment of the prin-
cipal of and interest on the Bonds and such other general obligation indebtedness
as may be made payable from the Project Account, as such principal and interest
respectively become due.
5.03. Interest earnings from the investment of money in the Capital Subaccount
and the Debt Service Subaccount shall be retained in the respective subaccounts.
5.04. The Clerk-Treasurer is directed to keep on file in his office a tabulation
of the dates and amounts of the principal and interest payments to become due
and amounts of the principal and interest payments to become due on bonds pay-
able from the Project Account.
Section 6. Miscellaneous.
6.01. The Mayor and City Manager of the City are hereby authorized and directed
to enter into an Amendment To Pledge Agreement with the Authority relating to
the Bonds in substantially the form attached hereto as Exhibit A, with any
changes determined not to be materially adverse to the interests of the City by
the Mayor and the City Attorney. Execution of such amendment to pledge agreement
by the Mayor and the City Manager shall be evidence of such determination.
6.02. The Clerk-Treasurer is hereby authorized and directed to certify a copy of
this Resolution and to cause the same to be filed in the office of the ~noka
County ~uditor, together with such other information as such auditor may require,
and to obtain from the county auditor a certificate that the Bonds have been
entered upon his bond register.
6.03. The officers of the Issuer are authorized and directed to prepare and
furnish to the Purchaser and to the attorneys approving the Bonds, certified
copies of all proceedings and records of the Issuer relating to the power and
authority of the Issuer to issue the Bonds within their knowledge or as shown
by the books and records in their custody and control, and such certified copies'
and certificates shall be deemed representations of the Issuer as to the facts
stated therein.
Adopted thls day of , 1987.
Offered by: Peterson
Seconded by: Petkoff
Roll call: Paulson, Petkoff, Peterson - aye
The adoption of the ordinance failed.
Carlson, Nawrocki - nay
Regular Council Meeting
August 24, 1987
page 14
The City Attorney advised the Council that this ordinance needed four fifths
vote for passage. Mayor Nawrocki stated he had been previously advised that
a majority vote was all that was necessary.
RECESS: 8:20 p.m.
RECONVENE: 8:45 p.m.
e. Resolution Adopting Changes in Wage Ranges and Establishing Wages for Non-
Union Custodial/Janitorial Positions and Seasonal and Temporary Positions
Motion by Petkoff, second by Paulson to table this matter for additional infor-
mation and that the subject be returned at the next regular Council meeting.
Roll call: All ayes
7. Communications
a. Request for Contribution by Mediation Services
Ann Wallerstedt, Executive Director of Mediation Services, presented additional
information regarding the organization and its activities. She noted that the
City of Columbia Heights had two cases brought to the organization in the .month
of August. All members of the Council indicated that the funding being requested
should be included in the 1988 budget.
b. Railroad Tracks on Jefferson Street
Councilmember Paulson has received calls on the bumps on the railroad tracks
crossing Jefferson Street. The Public Works Director advised the Council that
any repair done to the tracks must be done by the railroad. He will contact the
railroad company regarding this matter.
c. Alley Party Request
Motion by Petkoff, second by Paulson to approve the request for an alley party
on Saturday, September 19, 1987 in thealley which runs 4Oth to 41st, between
Madison and Monroe Streets subject to the requirements of the Police Department
and the Public Works Department. Roll call: All ayes
d. Six Cities Watershed District Letter
The Six Cities Watershed District advised the Council of its budget for the coming
year. The City of Columbia Heights' share would be $6,435. The budget must be
adopted by two thirds of the participating cities. This item will be included in
the budget deliberations.
8. Old Business
a. Development Agreement Between the City and HRA Regarding Sullivan Lake
Redevelopment Project
This was an informational item.
b. Volunteer Fire Fighters Meeting
September 15th at 7:00 is the date and time selected for a meeting of the
volunteer fire fighters and the City Council. The Executive Director of the
Legislative Commission on Pensions and Retirements will also attend the meeting.
9. New Business
a. Gambling License Application for Class B License by Catholic Charities of
the Archdiocese of St. Paul and Minneapolis
Regular Council Meeting
August 24, 1987
page 15
The City Manager noted that the Chairman of the Catholic Charities Board of
Directors had called him and requested this request be tabled until it had
been discussed with the local Catholic Church pastor. Members of the Council
observed that the requesting organization did not meet the requirements of
the gambling resolution.
Motion by Carlson, second by Peterson to deny the gambling license application
as submitted by Catholic Charities of the Archdiocese of St. Paul and Minneapolis
in behalf of the St. Joseph Home for Children; and, furthermore, that the City
Manager be authorized to forward a letter to the State Charitable Gambling Control
Board indicating the City Council's action. Roll call: All ayes
b. City of Columbia Heights - Funding of City's Self-Insurance Program
Motion by Petkoff, second by Peterson to table this matter for additional infor-
mation. Roll call: All ayes
c. Establishing Position Description for Head Custodian
The City Manager stated he is viewing this position as an in-house promotion.
The Mayor felt it should be advertised and offer the opportunity for others to
apply.
Motion by Petkoff, second by Peterson to establish the position of Head Custodian
and to adopt the job description for Head Custodian dated August 19, 1987.
Roll call: Paulson, Petkoff, Carlson, Peterson - aye Nawrocki - abstain
d. Electrical Wiring Problems in Municipal Service Center, Project #8704
Motion by Carlson, second by Peterson to authorize the City Manager to seek
proposals for electrical repair work at the Municipal Service Center. Roll
call: All ayes
f. Authorization to Seek Bids for MEDCO Lock System at City Hall
Motion by Petkoff, second by Peterson to authorize the City Manager to seek bids
for a MEDCO lock system at City Hall. Roll call: All ayes
The City Manager was requested to look at other options available for security as
well.
g. Appointment to Traffic Commission
Motion by Petkoff, second by Carlson to appoint Kevin Doty to the Traffic Com-
mission. Roll call: All ayes
h. Service Club Inquiry
Service clubs in the City have requested information regarding the placement
of a community bulletin board in the shopping mall on 40th and Central Avenues.
All members of the Council were supportive of the idea.
10. Reports
a. Report of the City Manager
The City Manager's report was submitted in written form and the following items
were discussed:
1. Joint Meeting of City Council and School Board: A joint meeting of the
School Board and City Council was established for Thursday, September
24th at 7:30 p.m.
2. The Council was advised the Electrical Inspector has resigned and the
Building Inspector is interviewing persons for this position.
Regular Council Meeting
August 24, 1987
page 16
3. Senior Outreach Worker: The County has hired the Senior Outreach Worker
who services Columbia Heights residents. The City's Development Specialist
advised the Council that the funding for this position included in the
C.B,D,G, funds continues through December of 1988. The City Manager had
understood that this funding ended in July of 1988 and noted that the
Council is considering using other City personnel in this capacity.
4. Appointment of Meter Reader: Effective August 17th Mark LeDuc was appointed
to the position of Part-time Meter Reader at a starting salary of $4.39.
b. Report of the City Attorney
The City Attorney advised the Council that the Development A~reement between
the City of Columbia Heights and Crestview Lutheran Home contains a clause
which addresses the provision of additional parking if it is proven necessary.
The City Attorney noted that the Planning and Zoning Commission has been estab-
lished as the Appellate Board to hear fire code appeals.
Il. Licenses
Motion by Carlson, second by Peteson to grant the licenses as listed upon receipt
of the proper fee and that the fee for the Lions Club, the Boosters and the Colum-
bia Heights Royalty Committe be waived and that the $30.00 fee paid by the Boosters
for an Itinerant Food Concession for the Business Fair be returned. Roll call: All
ayes
12. Payment of Bills
Motion by Peterson, second by Carlson to approve the bills as listed with payment
from proper funds. Roll call: All ayes
RECESS: 11:I0 p.m.
RECONVENE: il:35 p.m.
The City Manager distributed the 1988 proposed budget.
Reconsideration of ResOlution No. 87-50; $1,100,OOO General Obligation Taxable
Tax Increment Bonds of 1987
Motion by Nawrocki, second by Paulson to reconsider the action taken by the City
Council relating to Resolution No. 87-50. Roll call: All ayes
Mayor Nawrocki stated he has not changed his opinion regarding this project but
recognizes that the majority of the Council wishes to see this project continue.
Councilmember Carlson restated his concern with the negotiations with the owners
of those properties located in the area on Washington Street south of 53rd Avenue.
Motion by Nawrocki, second by Paulson to offer Resolution No. 87-50. Roll call:
All ayes
Adjournment n~
Motion by Peterson, second by £arlso 5 p.m.. Roll
call: All ayes
~.~ ~ Mayo'F-Bruce G. Nawrocki
/~o-Anne Student~ Counc~i-l-Secretary